Bankruptcy and the U.S. Supreme Court: Underenforcement and Structure

Law

Bankruptcy and the U.S. Supreme Court: Underenforcement and Structure

By Ronald J. Mann
Cambridge University Press May 2017

Specifications

ISBN-13
9781107160187
Publisher
Cambridge University Press
Publication
May 2017
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

In this illuminating work, Ronald J. Mann offers readers a comprehensive study of bankruptcy cases in the Supreme Court of the United States. He provides detailed case studies based on the Justices' private papers on the most closely divided cases, statistical analysis of variation among the Justices in their votes for and against effective bankruptcy relief, and new information about the appearance in opinions of citations taken from party and amici briefs. By focusing on cases that have neither a clear answer under the statute nor important policy constraints, the book unveils the decision-making process of the Justices themselves - what they do when they are left to their own devices. It should be read by anyone interested not only in the jurisprudence of bankruptcy, but also in the inner workings of the Supreme Court.

Table of Contents

Part I. Setting the Stage:
1. Literature review
2. Data and methods
3. Congress and the Bankruptcy Code of 1978
4. By the numbers

Part II. The Hard Cases

Section 1. A Tale of Missed Opportunities: Congress, the Court, and the Bankruptcy Clause:
5. From marathon to wellness: assessing the 'public[ity]' of the bankruptcy power
6. Sovereign immunity and the bankruptcy power: from Hoffman to Katz

Section 2. A Study in Interpretive Strategy: The Court, the Solicitor General, and the Code:
7. Bankruptcy versus labor law: Bildisco
8. Bankruptcy versus environmental law: midLantic
9. Bankruptcy versus criminal law: Kelly
10. Setting text against tradition: Ron Pair
11. Bankruptcy and state sovereignty: BFP

Part III. Amici and the Court:
12. The Supreme Court, the Solicitor General, and statutory interpretation
13. Learning from amici

Part IV. Conclusion:
Appendix A. The Supreme Court's bankruptcy cases
Appendix B. Available papers of the Justices
Appendix C. References to the hard cases
Appendix D. Sources of the Court's citations
Appendix E. Sources from the Solicitor General and other amici.
HKD 1,538.42 −3%
HKD 1,586.00

Inclusive of HK delivery

Ready to ship
Delivery Time: around 4-5 weeks
Extra 10 working days if shipping address outside Hong Kong
  • Free HK shipping over HK$1,000
  • International shipping to 35+ countries
Order Form
Save

Recommended

You may also be interested in these books:

More titles from Law

View all
Encyclopedia of Global Environmental Governance and Politics
Edward Elgar Publishing

Encyclopedia of Global Environmental Governance and Politics

Philipp H. Pattberg; Fariborz Zelli
HKD 2,975.96
Law and Practice of International Arbitration in the CIS Region
Kluwer Law International

Law and Practice of International Arbitration in the CIS Region

Yarik Kryvoi
HKD 1,882.58
Contextualising International Law in Northeast Asia
Hart Publishing

Contextualising International Law in Northeast Asia

Asif H. Qureshi
HKD 1,008.80
Corporation Laws and Cases of South Korea
Kluwer Law International

Corporation Laws and Cases of South Korea

Jong-Hoon Lee
HKD 1,541.18
In Search of the Way: Legal Philosophy of the Classic Chinese Thinkers
Edinburgh University Press

In Search of the Way: Legal Philosophy of the Classic Chinese Thinkers

Wejen Chang
HKD 432.90
LexisNexis Mergers & Acquisitions Law Guide 2016
LexisNexis Hong Kong

LexisNexis Mergers & Acquisitions Law Guide 2016

HKD 1,455.00